Studied by 47 people
search warrant
court document authorizing law enforcement to enter a place to search and seize evidence
habeas corpus
court order that involves bringing a person to court to determine if they’re being detained legally; intended to prevent unlawful arrest and detention
promise to appear
agreement the accused must sign to guarantee their appearance in court
recognizance
written promise to appear in court on a scheduled date or else pay a sum of money if they fail to show up
undertaking
agreement/promise with specific conditions attached
jury of peers
group of 12 citizens selected to hear the evidence against the accused in a criminal trial
preliminary inquiry
determines if there is sufficient evidence for the case to be heard in a higher court
plea bargaining
involves the crown agreeing to reduce the charge, or recommendations for a reduced sentence for a guilty plea
burden of proof
a party that shows they are correct, while the other party is presumed innocent which requires them to produce evidence to establish the truth
reasonable doubt
honest or moral doubt as to whether the accused is guilty of the crime
acquitted
declared to be not guilty
disclosure
crown provides the defense with all relevant information to make a full answer and defense to a charge
automatism
defense based on a claim that one’s actions were not voluntary
mental disorder
defensed based on a claim that one is not capable of appreciating their actions
mistake of fact
defense based on a claim that one committed the offense because the did not know their action was against the law
colour of right
offender believed they had a pre existing right that allowed them to commit the offense
officially induced error
accused was informed that the act was not an offense by a representative of the state
compulsion
defense based on a claim that one committed the offense in order to avoid harm posed by a way of threat
recidivism
tendency of a criminal to reoffend
restitution
punishment that requires the offender to pay back society back for the harm or loss suffered
retribution
punishment to avenge a crime, ensuring that offenders suffer the consequences of their actions
denunciation
punishment to show condemnation of the offender’s conduct
specific deterrence
punishment to discourage criminals from reoffending
general deterrence
punishment to discourage people in general from offending
stay of proceedings
decision made by the court to stop the trial because it would be considered prejudicial to the accused
challenge for cause
juror can be challenged for bias because they know the accused
peremptory challenge
potential juror can be removed without explanation
deliberate
jury leaves the courtroom to determine a verdict after all the evidence has been presented
victim impact statement
statement outlining the harm done and the effects of the crime on the victim’s life
direct evidence
witness testimony
circumstantial evidence
indirect evidence that links the accused to the crime
voir dire
occurs when either side believes that the evidence should be inadmissible
hearsay evidence
evidence given by a witness on the stand that relates to something another person heard or saw
mistake of law
an individual misunderstands or misinterprets the law; occurs when someone is unaware of a particular law or has an incorrect understanding of its application.
